HomeMy WebLinkAboutNCG050442_Name-Owner Change Emails and Deed_20220411From:
Tran, Kieu M
To:
Grant.Oxendine
Cc:
Vicki Nguyen
Subject:
RE: [External] FW: NCG050442 Ownership Change Legal Documentation
Date:
Tuesday, April 5, 2022 7:37:00 AM
Attachments:
imaae002.ona
imaae004.wmz
imaae003.r)na
Good morning Grant,
Vicki can reach me at (919) 707-3640
Thank you,
Kieu
From: Grant.Oxendine <grant.oxendine@bastfibretech.com>
Sent: Tuesday, April 5, 2022 6:56 AM
To: Tran, Kieu M <kieu.tran@ncdenr.gov>
Cc: Vicki Nguyen <vicki.nguyen@bastfibretech.com>; Grant.Oxendine
<grant.oxendine@bastfibretech.com>
Subject: RE: [External] FW: NCG050442 Ownership Change Legal Documentation
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Good morning Ms. Kieu, I have asked our Corporate resource to explain the attached document for
you. The BFT Lumberton Ops Corp, is our official Site Name, at least the way I understand it. Could
you provide contact number so Ms. Vicki Nguyen can reach out to you to explain? Thanks
Vicki, please contact Mr. Kieu once you have her contact information and let me know if I need to
follow-up on anything. Thanks
From: Tran, Kieu M <kieu.tran(@ncdenr.gov>
Sent: Thursday, March 31, 2022 2:07 PM
To: Grant.Oxendine <grant.oxendine(@bastfibretech.com>
Subject: RE: [External] FW: NCG050442 Ownership Change Legal Documentation
EXTERNAL.
Hey Grant,
On the ownership change form, the new company listed was "BFT Lumberton Ops Corp" but on the
deed, its "BFT Lumberton Assets Corp."
If I am following the deed, the new company name should be "BFT Lumberton Assets Corp." correct?
Please confirm before I make the changes.
Thank you,
Kieu
From: Grant.Oxendine <grant.oxendine(@bastfibretech.com>
Sent: Thursday, March 31, 2022 1:53 PM
To: Tran, Kieu M <kieu.tran(@ncdenr.gov>
Cc: Grant.Oxendine <grant.oxendine(@bastfibretech.com>
Subject: RE: [External] FW: NCGO50442 Ownership Change Legal Documentation
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Sorry, see attached. Will this work? Thanks
From: Tran, Kieu M <kieu.tran(@ncdenr.gov>
Sent: Wednesday, March 30, 2022 2:41 PM
To: Grant.Oxendine <grant.oxendine(@bastfibretech.com>
Subject: RE: [External] FW: NCG050442 Ownership Change Legal Documentation
EXTERNAL.
Hi Grant,
You've accidentally attached a survey map and not the deed.
Thank you,
Kieu
From: Grant.Oxendine <grant.oxendine(@bastfibretech.com>
Sent: Wednesday, March 30, 2022 12:09 PM
To: Tran, Kieu M <kieu.tran(@ncdenr.gov>
Cc: Grant.Oxendine <grant.oxendine(cDbastfibretech.com>
Subject: RE: [External] FW: NCG050442 Ownership Change Legal Documentation
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Thank you Kieu,
I've attached a copy of the deed we had recorded at the courthouse after the sell. It has all the
appropriate signatures. Will this work for what you need? I can contact the surveyor if there is
something that needs to be added. Thanks
Also, my General Permit # for our Non -contact Discharge is NCG500000 and the Certificate of
Coverage is NCG500638. Will this deed also work for that permit, if needed? Or do I need to send a
copy to that permitting group as well?
Please advise.
Again, thanks for your help and have a great day!
From: Tran, Kieu M <kieu.tran(cDncdenr.gov>
Sent: Wednesday, March 30, 2022 9:44 AM
To: Grant.Oxendine <grant.oxendine(@bastfibretech.com>
Subject: RE: [External] FW: NCG050442 Ownership Change Legal Documentation
EXTERNAL.
Hi Grant,
Here is the document that was attached to the ownership change request.
Thank you,
Kieu Tran
Stormwater Program Administrative Assistant
Office: (919) 707- 3640
Kieu.TranPncdenrgov
North Carolina Department of Environmental Quality
Division of Energy, Mineral, and Land Resources Stormwater Program
512 N. Salisbury Street, Raleigh, NC 27604 (location)
1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing)
Website: htt :I.Idea.nc.gov/about/divisions/energy-mineral-land-resources/stormwater
Email correspondence to and from this address is subject to the North Carolina Public Records Law and
may be disclosed to third parties
From: Grant.Oxendine <grant.oxendine(@bastfibretech.com>
Sent: Wednesday, March 30, 2022 9:28 AM
To: Tran, Kieu M <kieu.tran(@ncdenr.gov>
Cc: Grant.Oxendine <grant.oxendine(@bastfibretech.com>
Subject: [External] FW: NCG050442 Ownership Change Legal Documentation
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Good morning Mr. Tran. My name is Grant Oxendine, EHS Manager for our Site here in Lumberton.
I'm trying to follow-up on the emails below. If you could please call me, I'll try to get the information
you need. I also left you a voicemail earlier.
Thanks, and have a great day.
From: Charles.Oxendine <chuck.oxendine(@bastfibretech.com>
Sent: Monday, March 28, 2022 10:04 AM
To: Vicki Nguyen<vicki.nguyen(@bastfibretech.com>
Cc: Grant.Oxendine <grant.oxendine(@bastfibretech.com>
Subject: FW: NCG050442 Ownership Change Legal Documentation
Vicki,
Please see the email below.
Can you help or send us to the right resource to address this?
Thanks,
Chuck Oxendine
Chief Manufacturing Officer
BAST
TECH
+1 910 737 3231 Office
+1 910 734 5901 Direct
www.bastfibretech.com
CONFIDENTIALITY NOTICE: This email, including any attachments, may contain information that is confidential and
privileged. Any unauthorized disclosure, copying or use of this email is prohibited. If you are not the intended recipient,
please notify us by reply email or telephone call and permanently delete this email and any copies immediately.
Please consider the environment before printing this e-mail.
From: Tran, Kieu M <kieu.tran(@ncdenr.gov>
Sent: Friday, March 25, 2022 10:47 AM
To: Charles.Oxendine <chuck.oxendine(@bastfibretech.com>
Subject: NCG050442 Ownership Change Legal Documentation
You don't often get email from kieu.tran&ncdem.gov. Learn why this is important
EXTERNAL.
Good morning Charles,
I hope this email finds you well. I'm currently reviewing the ownership change request for
Permit # NCG050442 Lumberton Cellulose LLC and noticed that the attached document was
an Asset Purchase Agreement. Legal documentation of transfer of ownership (such as relevant
pages of a contract deed, or a bill of sale) is required for an ownership change request. Asset
Purchase Agreement is not sufficient for an ownership change. Do you have the deed or bill of
sale for Lumberton Cellulose LLC?
If you have any questions regarding the ownership change request, please feel free to contact
me directly.
Thank you,
Kieu Tran
Stormwater Program Administrative Assistant
Office: (919) 707- 3640
Kieu.TranPncdenr.gov
North Carolina Department of Environmental Quality
Division of Energy, Mineral, and Land Resources Stormwater Program
512 N. Salisbury Street, Raleigh, NC 27604 (location)
1612 Mail Service Center, Raleigh, NC 27699-1612 (mailing)
Website: http://deq,.nc.gov/about/divisions/energy-mineral-land-resources/stormwater
Email correspondence to and from this address is subject to the North Carolina Public Records Law and
may be disclosed to third parties
Book 2331 Page 703
2022001527
ROBESON CO. NC FEE $26.00
STATE OF NC REAL ESTATE EXT
S5919.00
PRESENTED & RECORDED
02/15/2022 12:38:07 PM
VICKI L LOCKLEAR
REGISTER OF DEEDS
BY: KYNIA JOHNSON
DEPUTY
BK: D 2331
PG: 703 - 709
SPECIAL WARRANTY DEED
Excise Tax: $5,919.00
Tax Parcel Ill Nos. 101403001 (8533001); 10140300101 (8533017); 32450100801 (8533002)
Verified by Robeson County on the U fi day of February, 2022 By: —
/Box to: Calloway Title and Escrow, LLC, 4170 Ashford Dunwoody Road, Suite 525,
A4ahta, Georgia 30319, Attention: Catherine Lindley Rouse, Esq.
This instrument was Prepared By: Jeremy J. Hilsman, Esq., c/o Georgia-Pacific LLC, 133
Peachtree Street NE, Atlanta, Georgia 30303. Delinquent taxes, if any, to be paid by the closing
attorney to the county tax collector upon disbursement of closing proceeds.
Brief description for the Index: 66.5339 acres, Chippewa Street, Town of Lumberton
THIS DEED, made this the lu A day of February, 2022, by and between
GRANTOR: LUMBERTON CELLULOSE LLC, a North Carolina limited liability company,
whose mailing address is 1.33 Peachtree Street NE, Atlanta, Georgia 30303,
Attention: Law Department — Real. Estate ("Grantor") and
GRANTEE: BFT LUMBERTON ASSETS CORP., a Delaware corporation, whose mailing
address is 4464 Markham St Suite 2301, Victoria, BC V8L 7X8, Canada
("Grantee').
WITNESSETH:
That Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in
fee simple, all that certain lot or parcel of land situated in the City of Lumberton, Robeson. County,
North Carolina and more particularly described as follows (the "Proper "):
Being in all respects the property described on EXHIBIT A,
attached hereto and incorporated herein by this reference.
Mali after recording to:
Harbor City Title insurance Agency of NC, Inc.
6201 Fairview Road, Suite 325 0% ya�
Charlotte. NC 26210 Flle #
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Book 2331 Page 704
The Property was acquired by Grantor by instrument recorded in Book 19H Page 103, Book 450,
Page 342, Boob 456, Page 264 and Book 8450, Page 143, Register of Deeds of Robeson County,
North Carolina.
The property herein conveyed DOES NOT include the primary residence of Grantor.
TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging
to Grantee in fee simple.
And Grantee covenants with Grantor that (i) the Property may not be rezoned or utilized for any
purpose other than industrial or commercial purposes; (R) there shall be no use of the groundwater
from or on the Property for drinking water purposes; and (M) the Property and the improvements
may not be used, occupied or Ieased for any school, day care center, playground or any similar use
by or for children (collectively, the "Restrictive Covenants'). Should Grantee breach any of the
Restrictive Covenants, ('grantor and any affiliate of Grantor, in addition to such damage remedies
as Grantor may have, may pursue any other remedies available to it in law or equity including,
without limitation, specific performance or other injunctive relief Grantor's covenants set forth
above in this paragraph shall run with title to the lands conveyed hereby.
And Grantor covenants with Grantee, that Grantor has done nothing to impair such title as Grantor
received, and Grantor will warrant and defend the title against the lawful claims of all persons
claiming by, under or through Grantor, except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
1. Taxes and assessments for the year 2022 and subsequent years.
2. Easements, Setback Lines and any other facts shown on that Plat in Book 18, Page(s) 58
of the Robeson County, Registry (the "Real Property Records").
3. Easement(s) in favor of Carolina Power & Light Company as recorded in Book 629,
Page(s) 52 of the Real Property Records,
4. Any portion of the land lying within the railroad right-of-way existing as of the date hereof.
5. Title to that portion of the Property within the bounds of Noir Street Extension and
Chippewa Street, and any rights of others entitled thereto.
6. Drainage canal and facilities now existing on the Property, and easements for utility and
transmission lines over said Property, all as referenced in Deed as recorded in Book 456,
Page(s) 264 of the Real Property Records.
7. Drainage easement of the drainage canal and right of way dedicated to the City of
Lumberton, all as referenced in Deed recorded in Book 450, Page(s) 342 of the Real
Property Records.
8. All matters shown on that certain ALTA/NSPS Land 'Title Survey, City of Lumberton,
Lumberton Township, Robeson County, dated January 19, 2022, and prepared by Franklin
E. Tanner— PLS #2534.
Book 2331 Page 705
All references to Grantor and Grantee as used herein shall include the parties as well as their heirs,
successors and assigns, and shall include the singular, plural, masculine, feminine or neuter as
required by context.
[Execution on Following Pages]
Book 2331 Page 706
IN WITNESS WHEREOF, each of Grantor and Grantee has duly executed the foregoing
as of the day and year first above written.
Grantor:
LUMBERTON CELLULOSE LLC, a
North Carolina limited liability
company_
By: -
Name: Tyle L. Woolson
Title: Vice President and CFO
STATE OF GEORGIA
COUNTY OF l tti Srl
Gent `a
MA�Tt , a Notary Public of the County of State of4�ra�'iria do
hereby certify Tyler L. Woolson, as Vice President and CFO�berton Cellulose LLC, a North
Carolina limited liability company, personally known to me, personally appeared before me this
day and acknowledged that he voluntarily signed the foregoing instrument for the purpose stated
therein.
Witness, my hand and official seal, this 444N day of February, 2Q22.
4aj`" (SEAL)
Nota Publi
My c mmission expires:
Book 2331 Page 707
Grantee:
BFT LUMBERTON ASSETS CORP., a
Delaware corporation
By:
Name:
of Executive Officer & President
STATE OF SOUTH CAROLINA
COUNTY OF GREENVILLE
I, , a Notary Public of the County of State of do
hereby ccrti y .iim Posa, as Chief Executive Officer & President of BFT Lumberton Assets Corp.,
a Delaware corporation, personally known to me, personally appeared before me this day and
acknowledged that he voluntarily signed the fore=oing instrument for the purpose stated therein.
Witness, my hand and official seal, this �ay of February, 2022.
(SEAL)
Notary Pubs{G
My commission_expires: 0
[Remainder of Page heft Intentionally Blank]
Book 2331 Page 709
EXIIIBIT A
LEGAL DESCRIPTION LYING AND BEING IN LUMBERTON NORTH CAROL.INA,
ROBESON COUNTY, LUMBERTON TOWNSHIP.
BEGINNING AT A MAGNETIC NAIL SET HAVING N.C. GRID COORDINATES OF N,=
313,207.14' AND E.= 2,000,013.83' AND BEING LOCATED ATTHE, SOUTHEAST RIGHT-
OF-WAY INTERSECTION OF CHIPPEWA STREET (60' IN WIDTH) AND NOIR STREET
EXTENSION (54' IN WIDTH), SAID SET MAGNETIC NAIL ALSO BEING LOCATED, S 52-
47-00 E, A DISTANCE OF 41.94 FEET FROM THE CENTER OF A MANHOLE LOCATED
IN THE CENTERLINE OF SAID STREETS; THENCE FROM SAID BEGINNING AND
RUNNING WITH THE SOUTHERN RIGHT-OF-WAY OF NOIR STREET EXTENSION, S 88-
21-51 E, A DISTANCE OF 706.16 FEET TO A RAILROAD SPIKE IN THE ROAD OVER A
CULVERT WITH FOUR 72 INCH CORRUGATED METAL, PIPES IN A CANAL THAT
CARRIES WATER TIIROUG14 THE ENTIRE NORTH -SOUTH LENGTH OF THE SUBJECT
PROPERTY; THENCE ALONG AND WITHIN THE CANAL, N 1-20-39 E, A DISTANCE OF
679.92 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT-OF-WAY OF THE
SEABOARD SYSTEM RAILROAD HAVING A RIGHT-OF-WAY OF 200 FEET, 100 FEET
EACH SIDE OF CENTERLINE OF MAIN TRACKS; THENCE ALONG THE
SOUTHWESTERLY RIGHT-OF-WAY OF SAID RAILROAD, S 66-55-21 E, CROSSING A 1"
IRON PIPE AT 30.0 FEET, FOR A TOTAL DISTANCE OF 670.55 FEET TO A NAIL AT THE.,
BASE OF A 3/8" REBAR ON THE SOUTHWESTERN RIGHT-OF-WAY OF A 60.0 FEET
SEABOARD SYSTEM RAILROAD SPUR LINE; THENCE FOUR CALLS ALONG THE
SOUTHWESTERN RIGHT-OF-WAY OF SAID SPUR, 30 FEET FROM CENTERLINE OF
SPUR TRACK AS FOLLOWS: (A) S 23-21-51 E, A DISTANCE OF 485.16 FEET TO A 3/4"
REBAR, (B) ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF
2,291,83 FEET AND AN ARC OF 296.50 FEET AND ALSO HAVING A LONG CHORD AND
DISTANCE OF S 27-01-21 E, 296.29 FEET TO AN EXISTING 3/8" REBAR, (C) S 30-40-51 E,
A DISTANCE OF 179.16 FEET TO AN EXISTING 3/8" REBAR, AND (D) ALONG THE ARC
OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,402.39 FEET AND AN ARC OF
173.36 FEET, AND ALSO HAVING A LONG CHORD AND DISTANCE OF S 27-07-29 E,
173.25 FEET TO AN EXISTING 3/4" GALVANIZED PIPE, THE NORTHEASTERN CORNER
OF REF., INC. (DB. 1270 PG. 616) AS RECORDED IN THE ROBESON COUNTY REGISTER
OF DEEDS; THENCE ALONG TWO OF THE REF., INC LINES AS FOLLOWS: (A) S 59-33-
41 W, A DISTANCE OF 208.58 FEET TO AN EXISTING 3/4" GALVANIZED IRON PIPE AT
A CONCRETE MONUMENT AND (B) S 17-41-15 E, A DISTANCE OF 426.50 FEET TO AN
EXISTING 3/4" GALVANIZED IRON PIPE AT A CONCRETE MONUMENT IN THE
NORTHWESTERN LINE OF THE CITY OF LUMBERTON (DB. 12Y PG. 366) & (DB. 170-0
PG. 6); THENCE ALONG THEIR NORTHWESTERN LINE, S 59-36-48 W, A DISTANCE OF
1,184.89 FEET TO AN EXISTING CONCRETE MONUMENT' ON TOP OF THE NORTH
BANK OF THE LUMBER RIVER; THENCE "TWENTY SIX CALLS ALONG THE TOP OF
THE NORTIIERN BANK OF THE LUMBER RIVER AS FOLLOWS: (A) N 41-42-28 W, A
DISTANCE OF 15.18 FEET TO A POINT, (B) N 49-39-35 W, A DISTANCE OF 31.39 FEET
1'0 A POINT, (C) N 89-40-50 W, A DISTANCE OF 15.93 FEET TO A POINT, (D) N 87-16-21
Book 2331 Page 709
W, A DISTANCE OF 16.81 FEET TO A POINT, (E) N 54-26-20 W, A DISTANCE OF 13.93
FEET TO A POINT, (F) N 55-51-52 W, A DISTANCE OF 57.49 FEET TO A POINT (G) N 45-
5E-35 W, A DISTANCE OF 20.87 FEET TO A POINT, (II) N 26-44-22 W, A DISTANCE OF
11.29 FEET TO A POINT, (I) N 87-15-05 W, A DISTANCE OF 27.73 FEET TO A POINT, (J)
N 52-44-16 W, A DISTANCE OF 83.84 FEET TO A POINT, (K) N 53-56-15 W, A DISTANCI:l;
OF 53.50 FEET TO A POINT, (L) N 67-18-41 W, A DISTANCE OF 51.14 FEET TO A POINT,
(M) N 65-19-29 W, A DISTANCE OF 28.84 FEET TO A POINT, (N) N 36-14-52 W, A
DISTANCE, OF 18.25 FEET` TO A POINT, (0) N 76- 35-49 W, A llISTANCE OF 23.21 FEET
TO A POINT, (P) N 57-43-53 W, A DISTANCE OF 75.72 FEET TO A POINT, (Q) N 56-16-22
W, A DISTANCE OF 29.65 FEET TO A POINT, (R) S 85-59-32 W, A DISTANCE OF 18.56
FEET TO A POINT, (S) N 64-31-08 W, A DISTANCE OF 39.50 FEET TO A POINT, (T) N 55-
0E-14 W, A DISTANCE OF 23.60 FEET T'O A POINT, (U) N 58-14-11 W, A DISTANCE OF
31.51 FEET TO A POINT, (V) N 48-31-06 W, A DISTANCE OF 54.65 FEET TO A POINT, (W)
N 55-16-44 W, A DISTANCE OF 88.60 FEET TO A POINT, (X) N 56-56-26 W, A DISTANCE:
OF 25.15' TO A POINT (Y) N 37-11-40 W, A DISTANCE OF 15.23 FEET TO A 1/2" REBAR.
SET, (Z) AND N 49-58-45 W, A DISTANCE OF 108.69 FEET TO A DRJLL HOLE TN THE
CENTERLINE OF CHIPPEWA STREET; SAID POINT ALSO BEING LOCATED AT THE
NORTH EDGE OF A CONCRETE BRIDGE CROSSING SAID RIVER; THENCE THREE -
CALLS RUNNING WITH THE CENTERLINE OF CHIPPEWA STREET AS FOLLOWS: (A)
N 5-26-51 W, A DISTANCE OF 89.78 FEET TO A MASONRY NAIL, (B) ALONG A CURVE
TO THE RIGHT, HAVING A RADILJS OF 1,637.02 FEET AND AN ARC OF 228.92 FEET
AND ALSO HAVING A LONG CHORD AND DISTANCE OF N 2-07-06 W, 228.73 FEET TO
A MASONRY NAIL, AND (C) N 1-53-51 E, A DISTANCE. OF 124.23 FEET TO A MAGNE"TIC
NAIL SET; THENCE LEAVING THE CENTERLINE OF SAID STREET, N 56-40-09 E, A
DISTANCE OF 47.18 FEET TO A I/2" REBAR SET ON OR NEAR THE EASTERN RIGHT-
OF-WAY OF (.'HIPPEWA STREET; THENCE RUNNING THREE CALLS ALONG OR NEAR
T14E EASTERN RIGHT-OF-WAY OF CHIPPEWA STREET AS FOLLOWS: (A) N 1-22-04 E,
A DISTANCE OF 463.74 FEET TO A 3/8" REBAR, (B) N 88-36-51 W, A DISTANCE OF 3.00
FEET TO A 3/8" REBAR AND (C) N 1-38-09 E, A DISTANCE OF 282.60 FEET TO THE
POINT OF BEGINNING CONTAINING 66.5339 ACRES, BE IT MORE OR LESS.